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NEW QUESTION # 113
For a liability claim to succeed, the claimant must establish duty owed, duty breached, proximate cause, and
Answer: B
Explanation:
Under Health Care Risk Management principles outlined by ASHRM and the American Hospital Association Certification Center, a successful negligence claim requires proof of four essential legal elements: duty, breach of duty, causation, and damages. Duty refers to the legal obligation owed by the healthcare provider to the patient. Breach occurs when the provider fails to meet the applicable standard of care. Proximate cause establishes the direct link between the breach and the harm suffered.
The final required element is actual injury or damages sustained by the claimant. Without demonstrable harm, a negligence claim cannot succeed, even if duty and breach are proven. The injury may include physical harm, emotional distress, or financial loss, but it must be measurable and attributable to the breach.
Contributory negligence is a defense that may reduce or bar recovery but is not an element the claimant must prove. Punitive damages are awarded in exceptional cases involving egregious misconduct and are not required to establish liability. Gross negligence represents a higher degree of negligence but is not a required element in standard malpractice claims.
Therefore, proof of injury sustained is essential for a liability claim to succeed.
NEW QUESTION # 114
An organization's CEO has requested that the risk manager develop policies and procedures for the risk management department. The risk manager should consider developing policies for all of the following EXCEPT
Answer: C
Explanation:
According to Health Care Risk Management standards outlined by ASHRM and the American Hospital Association Certification Center, the risk management department should establish formal policies addressing core operational responsibilities. Coordination of responses to subpoenas is a critical function involving legal compliance, protection of privileged information, and collaboration with counsel. Departmental accountability for occurrence reporting is essential to ensure proper event identification, investigation, and trending.
Additionally, defining the risk management reporting process to the governing body supports board oversight and enterprise risk management responsibilities.
Responses to freedom of information requests, however, are generally governed by legal, compliance, or public information offices, particularly in public institutions subject to open records laws. While risk management may provide input if records involve claims or adverse events, primary responsibility for handling such requests typically resides outside the risk management department.
Health Care Operations objectives emphasize clearly defined departmental scope, structured reporting relationships, and alignment with governance responsibilities. Therefore, while subpoena coordination, occurrence reporting, and board reporting are appropriate policy areas for risk management, responses to freedom of information requests fall outside its primary policy development scope.
NEW QUESTION # 115
Which of the following isnotone of the patient rights enumerated in the Patient Self-Determination Act (PSDA)?
Answer: A
Explanation:
The PSDA focuses onpatient autonomy and informed decision-making, especially aroundadvance directives. It requires certain healthcare organizations to inform patients of their rights under state law to make decisions about medical care, ask whether the patient has an advance directive, document it, and avoid discrimination based on whether an advance directive exists. The Act doesnotcreate a right for patients to select any medication they want irrespective of clinical appropriateness, prescribing laws, formularies, allergies, contraindications, or standards of care. Risk management objectives here include: ensuring compliant admission workflows (education + documentation), reducing disputes through early clarification of preferences, and preventing ethical/legal breakdowns during incapacity. Operationally, PSDA compliance improves care planning, reduces unwanted treatment, and lowers complaint/litigation risk by showing the organization respected patient rights and followed required processes.
NEW QUESTION # 116
Which condition must be met for a patient to no longer be protected by EMTALA obligations of the hospital?
Answer: A
Explanation:
EMTALA creates federal obligations for emergency screening and stabilization/appropriate transfer when an individual presents for emergency care. CMS interpretive guidance states a hospital's EMTALA obligation ends when the individual is admitted in good faith for inpatient services(even if not stabilized), shifting responsibility to inpatient Conditions of Participation and standard malpractice frameworks. EMTALA obligations also end followingstabilizationor anappropriate transfer(with required documentation
/acceptance). Risk management objectives include tight ED documentation, clear decision points (screening complete, EMC identified, stabilization initiated, transfer accepted), and policy training to prevent EMTALA violations (which can carry major regulatory and financial consequences). The incorrect notion that EMTALA ends when contact information is provided is not supported; discharge planning is important, but it does not terminate EMTALA duties.
NEW QUESTION # 117
Aside from clinical risk exposures, which of the following should be evaluated as part of a risk assessment concerning telemedicine?
Answer: A
Explanation:
According to Health Care Risk Management standards outlined by ASHRM and the American Hospital Association Certification Center, telemedicine risk assessment must extend beyond clinical quality of care to include operational risks. Operational considerations encompass technology infrastructure reliability, cybersecurity protections, credentialing and privileging of providers across state lines, licensing compliance, documentation workflows, data storage, and continuity planning for system outages.
Telemedicine platforms rely heavily on secure networks, interoperability with electronic health records, and protection of protected health information. Operational failures such as system downtime, inadequate bandwidth, or insufficient training can disrupt care delivery and increase liability exposure. Additionally, compliance with regulatory requirements regarding interstate practice and reimbursement policies falls within operational risk management.
Behavioral and public awareness considerations may influence patient engagement but are not primary risk assessment categories. Financial risks are relevant in enterprise risk management; however, the question specifically contrasts clinical risk exposures with other telemedicine-related risks, making operational risk the most directly applicable.
Health Care Operations objectives emphasize comprehensive evaluation of technological, regulatory, and workflow factors in emerging service models. Therefore, operational risks should be evaluated alongside clinical exposures when assessing telemedicine programs.
NEW QUESTION # 118
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